People v. Arjune

The Court of Appeals declined Defendant’s invitation to expand the holding in People v. Syville, 15 NY3d 319 (N.Y. 2010), to situations in which retained trial counsel timely filed a notice of appeals but allegedly failed to advise the defendant of his or her right to poor person relief or to take any action when served with a motion to dismiss the appeal years after the notice of appeal was filed. Syville held that, in certain circumstances, coram nobis may be available for a defendant who demonstrated that he or she timely requested that trial counsel file a notice of appeal, the attorney failed to comply, and the omission could not reasonably have been discovered within the one-year time limit. The Court of Appeals declined Defendant’s invitation to expand Syville and instead held that coram nobis was unavailable where Defendant failed to meet his burden of proving that counsel was ineffective. View "People v. Arjune" on Justia Law